East Troy City Zoning Code
ARTICLE XII
Planned Developments
§ 510-80 Purpose.
The purpose of this article is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned developments and to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district (see Articles II, III, IV and V). In exchange for such flexibility, planned developments shall provide a much higher level of site design, architectural control, and other aspects of aesthetic and functional excellence than normally required for other developments.
§ 510-81 Intent.
Planned developments are intended to encourage, promote, and provide improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance with the basic intent of this chapter and the Village of East Troy Comprehensive Plan. To this end, planned developments allow diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage economic development and more rational developments with regard to public services and to encourage and facilitate preservation of open space and natural resources. Planned developments are not intended to circumvent the intent of other zoning districts or this chapter.
§ 510-82 Permitted locations.
§ 510-83 Provision of flexibility.
The following exemptions to the development standards of the underlying standard zoning district may be provided with the approval of a planned development:
A.
Land use requirements. All land uses listed as residential, institutional, industrial or commercial may be permitted within a planned development.
[Amended 10-21-2013 by Ord. No. 2013-05]
D.
Only development improvements which are explicitly depicted on the required site plan approved by the Village Board as part of the planned development shall be permitted, even if such development improvements (including all aspects of land use, density, intensity, bulk, landscaping, parking, and loading) are otherwise listed as permitted in this chapter. Requested exemptions from these standards shall be made explicit in the application and shall be recommended by the Plan Commission and approved explicitly by the Village Board. If not so requested and approved, such exemptions shall not be permitted.
§ 510-84 Application requirements and procedure.
[Amended 10-21-2024 by Ord. No. 2024-16]
A.
Initiation of planned development procedure. Proceedings for approval of a planned development shall be initiated by an application of the owner(s) of the subject property, a recommendation of the Plan Commission to the Village Board, or by action of the Village Board.
B.
Review and approval. Steps included in the planned development review and approval process are outlined in §§ 510-85 through 510-88 below.
(1)
The process for review and approval of the general development plan (GDP) shall be identical to that for Official Zoning Map amendments per § 510-155 of this chapter and (if land is to be divided) to that for preliminary and final plats of subdivision per Chapter 495, Subdivision of Land, of the Village Code.
(2)
The process for review and approval of the final development plan (FDP) shall be identical to that for site plans per § 510-160 of this chapter and (if land is to be divided) to that for preliminary and final plats of subdivision per Chapter 495, Subdivision of Land, of the Village Code, provided, however, that FDP approval shall be by the Plan Commission, rather than by the Village Board.
§ 510-85 Preapplication conference.
A.
The applicant shall contact the Zoning Administrator to place an informal discussion item for the planned development on the Plan Commission agenda. No details beyond the name of the applicant and the identification of the discussion item as a planned development are required to be given in the agenda.
B.
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the potential planned development. Appropriate topics for discussion may include the location of the planned development, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the Comprehensive Plan.
C.
Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the Village but should be considered as the informal basis for proceeding to the next step.
§ 510-86 Concept plan review and approval.
Upon completion of the preapplication conference described in § 510-85, the applicant shall provide the Zoning Administrator with a concept plan submittal, the contents of which are listed under Subsection C below. Upon determination of completeness by the Zoning Administrator, the planned development concept plan may be placed on the Plan Commission agenda for review.
A.
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the planned development concept plan. Appropriate topics for discussion may include any of the information provided in the concept plan submittal packet or other items as determined by the Plan Commission.
B.
Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the Village but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal petition for rezoning which accompanies the general development plan application (see § 510-87).
C.
Contents of the concept plan submittal shall include the following items:
(1)
A location map of the subject property and its vicinity.
(2)
A general written description of the proposed planned development, including:
(a)
General project themes and images.
(b)
The general mix of dwelling unit types and/or land uses.
(c)
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio, and impervious surface area ratio.
(d)
General treatment of natural features.
(e)
General relationship to nearby properties and public streets.
(f)
General relationship of the project to the Comprehensive Plan.
(g)
A written description of potentially requested exemptions from the requirements of the most comparable zoning district. The purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(3)
A conceptual plan drawing of the general land use layout and the general location of major public streets and/or private drives.
§ 510-87 General development plan review and approval.
Upon completion of the concept plan review process described in § 510-86, the applicant shall submit a general development plan (GDP) to the Zoning Administrator for determination of completeness. Upon determination of completeness by the Zoning Administrator, the GDP may be placed on the Plan Commission agenda for review.
A.
Contents of the GDP submittal shall include the following items:
(1)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the planned development is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
A general written description of the proposed planned development, including:
(a)
General project themes and images.
(b)
The general mix of dwelling unit types and/or land uses.
(c)
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio, and impervious surface area ratio.
(d)
General treatment of natural features.
(e)
General relationship to nearby properties and public streets.
(f)
General relationship of the project to the Comprehensive Plan.
(g)
A statement of rationale as to why planned development zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of the most comparable zoning district and opportunities for community betterment the applicant suggests are available through the proposed planned development zoning.
(3)
A written description of potentially requested exemptions from the requirements of the most comparable zoning district. The purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(4)
A GDP map (at a minimum scale of one inch equals 100 feet) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
(a)
Location of recreational and open space areas and facilities, and specifically describing that those areas are to be reserved or dedicated for public acquisition and use.
(b)
Statistical data on the minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio, landscape surface ratio of various land uses, expected staging, and any other plans required by the Plan Commission.[1]
(5)
A conceptual landscaping plan, noting approximate locations of foundation, street, yard and paving, and landscaping and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards.
(6)
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from Village standards or common practices.
B.
All portions of an approved GDP not fully developed within five years of final Village Board approval shall expire and no additional development shall be permitted. The Village Board may extend this five-year period an additional five years via a majority vote following a public hearing by the Plan Commission. Completed portions of the planned development general development plan shall retain the planned development GDP status.
§ 510-88 Final development plan review and approval.
[Amended 6-15-2015 by Ord. No. 2015-02; 10-21-2024 by Ord. No. 2024-16]
Upon completion of the GDP review process described in § 510-87, the applicant shall submit a final development plan (FDP) to the Zoning Administrator for determination of completeness. Upon determination of completeness by the Zoning Administrator, the planned development FDP may be placed on the Plan Commission agenda for FDP review.
A.
Contents of the FDP submittal shall include the following items:
(1)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the planned development is proposed and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
A general written description of proposed FDP, including:
(a)
Specific project themes and images.
(b)
Specific mix of dwelling unit types and/or land uses.
(c)
Specific residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio, and impervious surface area ratio.
(d)
Specific treatment of natural features.
(e)
Specific relationship to nearby properties and public streets.
(f)
A statement of rationale as to why planned development zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed planned development zoning.
(3)
A complete list of zoning standards which will not be met by the proposed FDP and the location(s) in which they apply, and a complete list of zoning standards which will be more than met by the proposed FDP and the location(s) in which they apply, shall be identified as compared to the most comparable zoning district. The purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(4)
A FDP map (at a minimum scale of one inch equals 100 feet) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
(a)
Recreational and open space areas and facilities, and specifically describing that those areas are to be reserved or dedicated for public acquisition and use.
(b)
Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio, and landscape surface ratio of various land uses, expected staging, and any other plans required by the Plan Commission.
(5)
A site plan conforming to all the requirements of § 510-160. If the proposed planned development is a group development (per § 510-108) or a large development (per § 510-109), a proposed preliminary plat or conceptual plat may be required by the Zoning Administrator in addition to the required site plan.
(6)
A landscaping plan for subject property, specifying the location, species, and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type, and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.
(7)
A series of building elevations for the entire exterior of all buildings in the proposed final development plan, including detailed notes as to the materials and colors proposed.
(8)
A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from Village standards or common practices.
(9)
A general outline of the intended organizational structure for a property owners' association, if any, deed restrictions and provisions for private provision of common services, if any.
(10)
A written description which demonstrates the full consistency of the proposed FDP with the approved GDP.
(11)
All variations between the requirements of the approved planned development GDP zoning district and the proposed FDP.
(12)
The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.
B.
The area included in a FDP may be only a portion of the area included in a previously approved GDP.
C.
The FDP submittal may include design information, such as within the Downtown Design District, allowing the Plan Commission to combine design review and review of the FDP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
D.
The Plan Commission may specify other plans, documents, or schedules that must be submitted prior to final approval of the FDP by the Plan Commission, as such may be relevant to review.
E.
All portions of an approved planned development FDP not fully developed within five years of final Plan Commission approval shall expire and no additional development shall be permitted, unless a later deadline is authorized by a development agreement with the Village. The Plan Commission may extend this five-year period by an additional five years via a majority vote following a public hearing by the Plan Commission. Completed portions of the planned development FDP shall retain the FDP status.